Edutainments Pty Ltd v JMC Pty Ltd [2003] FCA 7

FEDERAL COURT OF AUSTRALIA

Edutainments Pty Ltd v JMC Pty Ltd [2003] FCA 7 EDUTAINMENTS PTY LTD v JMC PTY LTD N 1387 of 2002 STONE J 9 JANUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1387 OF 2002

BETWEEN: EDUTAINMENTS PTY LTD

APPLICANT

AND: JMC PTY LTD

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 9 JANUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant's Notice of Motion dated 8 January 2003 be made returnable instanter. 2. Subject to the usual undertakings as to damages being given by the applicant through its counsel; (a) until further order, the respondent, whether by itself, its servants or agents or otherwise, be restrained from advertising its services in association with the small animated logo depicted in the respondent's advertisement (or any logo substantially similar to that logo) copy of which is annexure "A" to the short minutes of order submitted by the applicant's counsel. (b) until further order, the respondent, whether by itself, its servants or agents or otherwise, be restrained from advertising its services in association with the logo submitted by the respondent to the applicant a copy of which is annexure "B" to the short minutes of order submitted by the applicant's counsel. 3. The costs of the notice of motion be costs in the cause. 4. The respondent is to be released from undertakings 2 and 2A given on 23 December 2002. 5. Order 5 of Whitlam J on 23 December 2002 is to be amended so that Statement of Claim is to be lodged by 17 January 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1387 OF 2002